McPhee

The judgment in this case was reversed after a careful and somewhat extended discussion of the points involved, by Justice Burnett (10 Cal. App. Dec. 45). Upon the petition of plaintiff a rehearing was ordered and the cause is again before us for consideration.

In our former opinion we held that the board of supervisors was without jurisdiction to' create the district, for the reason that there was a failure to publish the petition for its organization for the statutory period; and, further, that the validity of the organization could be attacked in this action. Since the opinion was filed the decision of the supreme court in Keech v. Joplin, 157 Cal. 1 , [ 106 Pac. 222 ], has been called to our attention, which, it is claimed, holds that the organization of the district can only be questioned by quo warranto. Upon this point, as well as upon the sufficiency of the publica-' tion of the petition, the rehearing was particularly urged.

The action is to foreclose the lien of an assessment levied by the complaining district upon the lands of the defendant, Anna McPhee.

1. If the case were to turn wholly upon the sufficiency of the publication of the petition and notice of hearing…